§ 25-2501.Intent and purpose.
Article 25: Eminent Domain Notice and Hearing Procedures · Last amended 2017 · Last verified July 22, 2026
Full Text of § 25-2501
Source
Laws 1973, LB 187, § 1; Laws 1978, LB 917, § 1; Laws 1994, LB 441, § 2; Laws 2002, LB 176, § 1; Laws 2017, LB339, § 81.
Plain-English Summary
Section 25-2501 explains what the rest of Article 25 is for. The Legislature adopted sections 25-2501 to 25-2506 to set one uniform procedure for acquiring private property for a public purpose, whether the acquiring body is the State of Nebraska, a political subdivision, a privately owned public utility corporation, or a common carrier holding the power of eminent domain. The goal is consistency: a property owner facing a possible government or utility acquisition should be able to expect the same notice and hearing steps regardless of which agency is involved.
The section then narrows that broad reach with six exceptions. It does not apply to water transmission and distribution pipelines or common carrier pipelines and their appurtenances; to public utilities and cities or villages acquiring rights in ten or fewer separately owned tracts, or acquiring property within a city or village’s corporate limits; to sanitary and improvement districts acquiring easements in ten or fewer tracts; to counties and municipalities acquiring property through platting, subdivision, or street and highway work; to common carriers regulated by the Federal Railroad Administration; or to the Nebraska Department of Transportation acquiring property for highway work. A property owner facing an acquisition needs to check these carve-outs before assuming the article’s notice and hearing procedure applies.
Frequently Asked Questions
What is Article 25 trying to accomplish?
It sets one uniform notice and hearing procedure for acquiring private property for a public purpose, covering the State of Nebraska, political subdivisions, and privately owned public utilities and common carriers that hold eminent domain power.
Does this procedure apply to every government acquisition of private property?
No. Section 25-2501 lists six categories the article does not cover, including small acquisitions of ten or fewer tracts by public utilities, cities, and villages, and acquisitions within city or village limits.
Does the notice and hearing procedure apply to highway acquisitions by the state?
No. The section exempts the Nebraska Department of Transportation when it acquires property for highway construction or improvements.
Are pipeline companies covered by this article?
Water transmission and distribution pipelines and common carrier pipelines, along with their appurtenances, are excluded from the article.
What about counties acquiring land through platting or subdivision?
The section excludes counties and municipalities that acquire property through platting or subdivision, or for street or highway construction or improvement.
Does a railroad regulated by the federal government have to follow this state procedure?
No. Common carriers subject to regulation by the Federal Railroad Administration are excluded.